SPOKANE INDIAN TRIBE v. U.S.

No. 91-35454.

972 F.2d 1090 (1992)

SPOKANE INDIAN TRIBE, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided August 12, 1992.


Attorney(s) appearing for the Case

Scott D. Crowell, Fife, Washington, and Robert J. Roberts, Dellwo, Roberts & Scanlon, Spokane, Wash., for plaintiff-appellant.

Albert M. Ferlo, Jr., and Peter A. Appel, U.S. Dept. of Justice, Wash., D.C., for defendant-appellee.

Before: ALARCON, RYMER, and T.G. NELSON, Circuit Judges.


ALARCON, Circuit Judge:

The Spokane Tribe of Indians (the Tribe) appeals from a grant of summary judgment in favor of the United States (the Government). The district court determined that Pick Six Lotto (Pick Six) was not a Class II gaming device as defined by the Indian Gaming Regulatory Act (IGRA), 25 U.S.C. § 2701 et seq. We affirm. Pick Six is excluded from the definition of Class II gaming devices because it is an electronic facsimile of a game of...

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